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(영문) 대전지방법원 2015.10.21 2015가합841
점유회수
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On or around November 201, the Plaintiff was awarded a contract for the construction project to newly construct A (hereinafter “instant building”) on each of the land listed in the attached Table from Defendant LAW Co., Ltd. (hereinafter “Defendant LAW”), with a contract amount of KRW 12,91,465,300 (including value-added tax), November 25, 201, and March 25, 2013 as of the commencement date of the construction project.

B. The Plaintiff, while constructing the instant building, suspended construction on June 23, 2012.

C. On December 2, 2014, Defendant LAW issued a contract for the remainder of the instant newly constructed construction of the instant building, which had been interrupted as above, at the Manman General Construction Co., Ltd. (hereinafter “Defendant Man Man Man General Construction”), at the contract price of KRW 12,00,000,000 (excluding value-added tax) and around December 2, 2012, the date of completion was determined as 16 months after the date of commencement of construction.

Defendant Ma Man Construction subcontracted part of the construction of the instant building to Defendant Ma Man Construction Co., Ltd. (hereinafter “Defendant Ma Man Construction”).

E. The new construction of the instant building is currently in progress with the 9th floor construction by Defendant Wolman Construction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4 through 7 (including each number, if any) and the purport of the whole pleadings

2. The plaintiff's assertion

A. After the construction of the instant building was interrupted under the lien with the right to preserve the unpaid construction price claim against Defendant LAW, the Plaintiff set up a banner informing of the exercise of the lien on the instant building, installed a locker at the entrance, stationed the Plaintiff’s employees, entered into a contract with B, the owner of the neighboring land of the instant building, and had B occupy the instant building lawfully.

B. The Defendants, on January 19, 2015, deprived of the Plaintiff’s possession and the instant building.

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